Terms and Conditions

Terms and Conditions

1. INTRODUCTION

1.1 Welcome to the GemTrust.io platform (the “Platform”). Please read the following Terms of Service carefully before using this Platform or opening a GemTrust.io account (“Account”) so that you are aware of your legal rights and obligations with respect to Gemtrust.io and its affiliates and subsidiaries (individually and collectively, “GemTrust.io”, “we”, “us” or “our”). The “Services” referred to herein are the services we provide or make available on the Platform including (a) the services by GemTrust.io client software made available through the Platform, (b) all functions made available by GemTrust.io on the Platform and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Platform or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Gemtrust.io

1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and GemTrust.io is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. GemTrust.io is not involved in the transaction between Users. GemTrust.io may or may not pre-screen Users or the Content or information provided by Users. GemTrust.io reserves the right to remove any Content or information posted by you on the Platform in accordance to Section 6.4 herein. GemTrust.io cannot ensure that Users will actually complete a transaction.

1.3 Before becoming a User of the Platform, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.4 GemTrust.io reserves the right to change, modify, suspend or discontinue all or any part of this Platform or the Services at any time or upon notice as required by local laws. GemTrust.io may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. GemTrust.io may also impose limits on certain features or restrict your access to parts of, or the entire, Platform or Services in its sole discretion and without notice or liability.

1.5 GemTrust.io reserves the right to refuse to provide you access to the Platform or Services or to allow you to open an Account for any reason as GemTrust.io deems proper or appropriate.

BY USING GEMTRUST.IO SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE PLATFORM. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER

2. PRIVACY

2.1 Your privacy is very important to us at Gemtrust.io To better protect your rights we have provided the Gemtrust.io Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how GemTrust.io collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Platform, you:

(i) consent to GemTrust.io’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;

(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and GemTrust.io; and

(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without GemTrust.io’s prior written consent.

2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

3. LIMITED LICENSE

3.1 GemTrust.io grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Platform are the property of GemTrust.io and where applicable, third party proprietors identified in the Platform. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any Intellectual Property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Platform and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Platform or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

3.2 You are welcome to link to the Platform from your website, provided that your website does not imply any endorsement by or association with Gemtrust.io You acknowledge that GemTrust.io may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

4. SOFTWARE

Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. GemTrust.io reserves all rights to the software not expressly granted by GemTrust.io hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by GemTrust.io 

5. ACCOUNTS AND SECURITY

5.1 Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that GemTrust.io, in its sole discretion, finds offensive or inappropriate, GemTrust.io has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. GemTrust.io has not reviewed, and assumes no responsibility for any third-party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Platform, (c) immediately notify GemTrust.io of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. GemTrust.io will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

5.3 You agree that GemTrust.io may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Platform any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that GemTrust.io deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) violation of the letter or spirit of these Terms of Service, (b) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (c) having multiple user accounts, (d) abnormal or excessive purchasing of products from the same Seller or related group of Sellers, (e) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value, and/or abnormal or excessive use of vouchers on the Platform), or (f) behaviour that is harmful to other Users, third parties, or the business interests of GemTrust.io Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, GemTrust.io may terminate your Account immediately with or without notice.

5.4 Users may terminate their Account if they notify GemTrust.io in writing (including via email at gemtrustofficial@gmail.com) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact GemTrust.io after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. GemTrust.io shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Gemtrust.io.

6. TERM OF USE

6.1 The license for use of this Platform and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Gemtrust.io may affect such termination with or without notice to you.

6.2 You agree not to:

(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;

(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;

(d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

(f) remove any proprietary notices from the Platform;

(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Gemtrust.io;

(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;

(i) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;

(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;

(k) access the GemTrust.io platform, open a user account, or otherwise access your user account using any non-official GemTrust.io hardware or software, including but not limited to an emulator, simulator, bot or other similar hardware or software;

(l) manipulate the price of any item or interfere with other User’s listings;

(m) take any action that may undermine the feedback or ratings systems;

(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by GemTrust.io with respect to the Services and/or data transmitted, processed or stored by GemTrust.io;

(o) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;

(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;

(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

(t) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;

(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;

(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;

(w) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;

(x) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;

(y) use the Services to violate the privacy of others or to “stalk” or otherwise harass another;

(z) infringe the rights of GemTrust.io, including any intellectual property rights and any passing off of the same thereof;

(aa) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;

(bb) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others; and/or

(cc) direct or encourage another user to conduct a transaction other than on the Platform.

6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not GemTrust.io, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Platform. You understand that by using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will GemTrust.io be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform.

6.4 You acknowledge that GemTrust.io and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Platform without any liability to you. Without limiting the foregoing, GemTrust.io and its designees shall have the right to remove any Content (i) that violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by GemTrust.io or submitted to Gemtrust.io, including, without limitation, information in Gemtrust.io and in all other parts of the Platform.

6.5 You acknowledge, consent to and agree that GemTrust.io may access, preserve, and/or disclose your Account information and Content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over GemTrust.io, or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of GemTrust.io, its Users and/or the public.

7. VIOLATION OF OUR TERMS OF SERVICE

7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

⦁ Listing deletion

⦁ Limits placed on Account privileges

⦁ Account suspension and subsequent termination

⦁ Criminal charges

⦁ Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

7.2 If you believe a User on our Platform is violating these Terms of Service, please contact gemtrustofficial@gmail.com

8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

8.1 As stated above, GemTrust.io does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).

8.2 Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with GemTrust.io in any way and GemTrust.io is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Platform.

8.3 If you are an IPR Owner or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us by submitting an email at https://gemtrust.io and provide us the documents requested below to support your claim. Do allow us time to process the information provided. GemTrust.io will respond to your complaint as soon as practicable.

8.4 Complaints under this Section 8 must be provided in the form prescribed by GemTrust.io, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) a description of the nature of alleged infringement with sufficient details to enable GemTrust.io to assess the complaint; (d) URL(s) of the listing(s) which contain the alleged infringement; (e) sufficient information to allow GemTrust.io to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (f) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (g) a statement by the Informant that the information in the notification is accurate, that the Informant will indemnify us for any damages we may suffer as a result of the information provided by the Informant, and that the Informant has the appropriate right or is authorised to act on the IPR Owner’s behalf in all matters relating to the complaint.

8.5 GemTrust.io acknowledges a manufacturer’s right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the sellers, GemTrust.io does not assist in this type of enforcement activity and does not enforce exclusive distribution rights or price-control matters except within the countries that have laws specifically governing selective or exclusive distribution.

8.6 Each and every Seller agrees to hold GemTrust.io and its Affiliates harmless from all claims, causes of action, damages and judgments arising out of any removal of any Content or product listings pursuant to or in relation to any intellectual property infringement claim.

9. PURCHASE AND PAYMENT

9.1 GemTrust.io supports one or more of the following payment methods in each country it operates in:

(i) Credit Card

Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.

(ii) Debit Card

9.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.

9.3 GemTrust.io takes no responsibility and assumes no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use a certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

10. SELLER BALANCE

10.1 Your Account allows the storage of money you receive from your sales proceeds made on the Platform (“Seller Balance”). The sum of this money, minus any withdrawals, will be reflected as your Seller Wallet’s balance.

10.2 You may transfer funds from your Seller Balance (up to the amount of your Seller Balance) to your linked bank account (“Linked Account”) by submitting a transfer request (“Withdrawal Request”) a maximum of once per week. GemTrust.io may transfer funds from your Seller Balance to your Linked Account on a regular basis, as determined by GemTrust.io. GemTrust.io shall only process such transfers on business days and such transfers may take up to seven business days to be credited to your Linked Account. GemTrust.io is only able to make payment to Sellers via bank transfer. Hence, Sellers are required to provide GemTrust.io with their bank account details in order to receive payments from their Seller Balance.

10.3 Sellers are entitled to one (1) free Withdrawal Request per week (“Weekly Withdrawal Limit”). GemTrust.io may impose a fee of THB 20 for each additional Withdrawal Request made in excess of the Weekly Withdrawal Limit (“Withdrawal Fee”). The Weekly Withdrawal Limit and the Withdrawal Fee are subject to change at GemTrust.io’s sole discretion.

10.4 Money from your sale of items on GemTrust.io shall be credited to your Seller Balance within four to seven (4-7) days after the item is delivered to Buyer or immediately after Buyer has acknowledged that they have received the item.

10.5 Once submitted, you may not modify or cancel a Withdrawal Request.

10.6 If there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to deduct the debit and applicable fees from your Seller Balance in the future.

10.7 You authorize us to initiate debit or credit entries to your Seller Balance:

(i) to correct any errors in the processing of any transaction;

(ii) where GemTrust.io has determined that you have engaged in fraudulent or suspicious activity and/or transactions;

(iii) in connection with any lost, damaged or incorrect items;

(iv) in connection with any rewards or rebates;

(v) in connection with any uncharged fees;

(vi) in connection with the settlement of any transaction dispute, including any compensation due to, or from, you;

(vii) in connection with any banned items or items that are detained by customs;

(viii) in connection with any change of mind agreed to by both Buyer and Seller; and

(ix) to purchase Advertising Credits where you have activated the Advertising Credits Top Up Feature and your Advertising Credits have fallen below your Advertising Credits Minimum Amount.

11. CLUBPOINTS REWARD SYSTEM

11.1 Users may earn loyalty points (“Clubpoints”) by buying merchandise on the Platform using the Gemtrust.io or through participation in other GemTrust.io activities as GemTrust.io may from time to time determine (“Eligible Activities”) based on the conversion rate determined by GemTrust.io in its sole discretion. Generally, Clubpoints will be credited to a User’s Account upon the completion of a successful transaction or activity approved by GemTrust.io. You are eligible to participate in the Clubpoints reward system if you are a User and your Account does not exclude you from participation.

11.2 Transactions not completed on Gemtrust.io do not qualify for the Clubpoints reward system. GemTrust.io may at its sole discretion exclude categories of items from the Clubpoints reward system.

11.3 Clubpoints have no monetary value, do not constitute your property and cannot be purchased, sold, transferred or redeemed for cash.

11.4 The Clubpoints you redeem will be deducted from your Clubpoints balance. Each Clubpoints comes with an expiry date. Do check your account details on the Platform for Clubpoints balances and expiry date.

11.5 From time to time, we may tell you that bonus Clubpoints will be awarded for particular Eligible Activities. This may include but is not limited to purchases you make with participating Sellers or pursuant to specific promotional offers. We will notify you of the terms of such bonus awards if any from time to time.

11.6 If you have a dispute in relation to the number of Clubpoints which you have been awarded in respect of an Eligible Activity, such a dispute must be made within one (1) month from the date of the Eligible Activity. We may require you to provide evidence to support your claim.

11.7 GemTrust.io gives no warranty and accepts no responsibility as to the ultimate tax treatment of Clubpoints. You will need to check with your tax advisor whether receiving Clubpoints affects your tax situation.

11.8 GemTrust.io reserves the right to (i) discontinue the Clubpoints reward system at any time at its sole discretion, and/or (ii) cancel or suspend a User’s right to participate in Clubpoints reward.

12. DELIVERY

12.1 GemTrust.io will inform Seller when GemTrust.io receives Buyer’s Purchase Monies. Unless otherwise agreed with GemTrust.io, Seller should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Platform.

12.2 Seller must use his/her best effort to ensure that Buyer receives the purchased items within the time period specified by Seller on Seller’s listing.

12.3 Users understand that Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that GemTrust.io will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.

12.4 For Cross-Border Transaction. Users understand and acknowledge that, where a product listing states that the product will ship from Thailand, such product is being sold from a Seller based inside of Thailand, and the importation and exportation of such product is subject to local laws and regulations. Users should familiarise themselves with all import and export restrictions that apply to the designating country. Users acknowledge that GemTrust.io cannot provide any legal advice in this regard and agree that GemTrust.io shall not bear any risks or liabilities associated with the import and export of such products to Thailand.

12.5 Where the Buyer elects to have a purchased item delivered by Normal Mail and other couriers besides UPS Thailand, all costs for delivering the purchased item shall be borne solely by the Buyer.

12.6 Where the Buyer elects to have a purchased item delivered by UPS Thailand, the fee payable to the delivery company (“Shipping Fee”) shall be borne by the Buyer, Seller and GemTrust.io in such proportions as may be determined by GemTrust.io and published on the Platform from time to time.  GemTrust.io shall (i) collect the Buyer’s proportion of the Shipping Fee from the Buyer, (ii) deduct the Seller’s proportion of the Shipping Fee from the Buyer’s Purchase Monies, and (iii) pay the total Shipping Fee to the delivery company.

13. CANCELLATION, RETURN AND REFUND

13.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into GemTrust.io Account.

13.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of GemTrust.io Return Period, if applicable, subject to and in accordance with GemTrust.io’s Refunds and Return Policy. Please refer to GemTrust.io’s Refunds and Return Policy for further information.

13.3 If you have redeemed Clubpoints for your transaction and you are successful in obtaining a refund based on GemTrust.io’s Refunds and Return Policy, GemTrust.io shall refund the money you have actually paid for the item and credit back any redeemed Clubpoints to your Account separately.

13.4 GemTrust.io does not monitor the cancellation, return and refund process for offline payment.

13.5 Refunds to Buyers shall be made to their linked bank account within fourteen (14) daysafter GemTrust.io has received the confirmation from Seller that Seller has received the returned Item.

14. SELLER’S RESPONSIBILITIES

14.1 Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information.

14.2 The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.

14.3 Seller agrees that GemTrust.io may at its discretion engage in promotional activities to induce transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.

14.4 For the purpose of promoting the sales of the items listed by Seller, GemTrust.io may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by GemTrust.io.

14.5 Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.

14.6 Seller acknowledges and agrees that Seller’s violation of any of GemTrust.io’s policy will result in a range of actions as stated in Section 7.1.

15. TRANSACTION FEES

15.1 GemTrust.io charges a fee for all successful transactions completed on the Platform (“Transaction Fee”). The Transaction Fee is borne by the Seller, and is calculated as Transaction Fee below of the Buyer’s Purchase Monies, rounded up to the nearest cent. The Transaction Fee is subject to value added tax (“Tax Amount”), and the Seller is responsible for such Tax Amount.

15.2 Following the successful completion of a transaction, GemTrust.io shall deduct the Transaction Fee, and Tax Amount (as applicable) from the Buyer’s Purchase Monies, and remit the balance to the Seller. GemTrust.io shall issue receipts or tax invoices for the Transaction Fee, and Tax Amount by Seller on request.

16. DISPUTES

16.1 In the event a dispute arises in a transaction, such dispute shall be resolved according to GemTrust.io’s policies.

16.2 Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against GemTrust.io or its Affiliates (except where GemTrust.io or its Affiliates is the Seller of the product that the claim relates to) in relation to any transaction made on the Platform or any dispute related to such transaction.

16.3 Users may send a written request to GemTrust.io to assist them in resolving issues which may arise from a transaction upon request. GemTrust.io may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist Users resolving their dispute. For more information, please refer to GemTrust.io’s Refunds and Return Policy.

17. FEEDBACK

17.1 GemTrust.io welcomes information and feedback from our Users which will enable GemTrust.io to improve the quality of service provided. Please refer to our feedback procedure below for further information:

(i) Feedback may be made in writing through email gemtrustofficial@gmail.com

(ii) Anonymous feedback will not be accepted.

(iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.

(iv) Vague and defamatory feedback will not be entertained.

18. DISCLAIMERS

18.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY GEMTRUST.IO OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GEMTRUST.IO DOES NOT WARRANT THAT THE SERVICES, THIS PLATFORM OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS PLATFORM AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

18.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

18.3 GEMTRUST.IO HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE GEMTRUST AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

19. EXCLUSIONS AND LIMITATIONS OF LIABILITY

19.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GEMTRUST BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:

(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR

(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF GEMTRUST.IO  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

19.3 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GEMTRUST.IO’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF GEMTRUST.IO THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

20. LINKS TO THIRD PARTY SITES AND SHARING VIDEOS FROM YOUTUBE

20.1 Third party links provided throughout the Platform will let you leave this Platform. These links are provided as a courtesy only, and the sites they link to are not under the control of GemTrust.io in any manner whatsoever and you therefore access them at your own risk. GemTrust.io is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. GemTrust.io is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by GemTrust.io of any linked site and/or any of its content therein.

20.2 GemTrust.io allows you to share videos from YouTube on the GemTrust.io’s products feature (“YouTube Content”). By sharing YouTube Content, you hereby agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).

21. YOUR CONTRIBUTIONS TO THE SERVICES

21.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Gemtrust.io. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant GemTrust.io and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

21.2 Any Content, material, information or idea you post on or through the Services, or otherwise transmit to GemTrust.io by any means (each, a “Submission”), is not considered confidential by GemTrust.io and may be disseminated or used by GemTrust.io without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to GemTrust.io, you acknowledge and agree that GemTrust.io and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant GemTrust.io and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.

22. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

22.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, GemTrust.io is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold GemTrust.io responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

22.2 In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by GemTrust.io. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. GemTrust.io has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that GemTrust.io shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that GemTrust.io may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.

23. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and

(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

24. FRAUDULENT OR SUSPICIOUS ACTIVITY

If GemTrust.io, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect GemTrust.io, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;

(b) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Thailand or elsewhere and directed to GemTrust.io;

(c) We may refuse to provide the Services to you now and in the future;

(d) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to GemTrust.io or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

For the purposes of this Section:

“Chargeback” means a request that a Buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.

“Claim” means a challenge to a payment that a Buyer or Seller files directly with GemTrust.io.

“Reversal” means the reversal of a payment by GemTrust.io because (a) it is invalidated by the sender’s bank, (b) it was sent to you in error by GemTrust.io, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms of Service or any other GemTrust.io policy, or (e) GemTrust.io decided a Claim against you.

25. INDEMNITY

You agree to indemnify, defend and hold harmless GemTrust.io, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Platform, or any dispute in relation to such transaction (except where GemTrust.io or its Affiliates is the Seller in the transaction that the dispute relates to), (b) the GemTrust.io Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of GemTrust.io, (d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (e) your use or misuse of the Services, (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.

26. SEVERABILITY

If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

27. GENERAL PROVISIONS

27.1 GemTrust.io reserves all rights not expressly granted herein.

27.2 GemTrust.io may modify these Terms of Service at any time by posting the revised Terms of Service on this Platform. Your continued use of this Platform after such changes have been posted shall constitute your acceptance of such revised Terms of Service.

27.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

27.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and GemTrust.io, nor does it authorise you to incur any costs or liabilities on GemTrust.io’s behalf.

27.5 The failure of GemTrust.io at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

27.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for GemTrust.io’s affiliates and subsidiaries (and each of GemTrust.io’s and its affiliates’ and subsidiaries’ respective successors and assigns).

27.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Platform and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

27.8 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Platform, please contacts us at: gemtrustofficial@gmail.com

LEGAL NOTICES: Please send all legal notices to gemtrustofficial@gmail.com and Attention it to the “General Counsel”.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP”  BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.